(영문) 인천지방법원 2016.05.10 2015가합6414

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(영문) 인천지방법원 2016.05.10 2015가합6414

청구이의의소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 31, 2013, the Plaintiff purchased from the Defendant the building of KRW 1,250.2 square meters in Nam-gu, Incheon Metropolitan City, and KRW 5,200,00,000 from the Defendant for KRW 5,220,000,000,000,000,000,000.

(hereinafter “instant sales contract”). B.

On May 30, 2013, the Plaintiff prepared and delivered to the Defendant a letter of payment with the following content (hereinafter “instant letter of payment”):

In accordance with the instant sales contract, the Plaintiff agreed to pay the remainder in full by May 30, 2013, but the contract becomes null and void and the contract deposit is not refunded.

However, according to the defendant's understanding, the following shall be implemented as follows, the statement of payment shall be prepared by mutual agreement, and the following matters shall be compensated for all civil and criminal responsibilities if the following matters are not fulfilled even if they are closed:

The balance for the completion of sale shall be paid in the amount of KRW 200,000,000,000,000 by the last day of June 2013, and there shall be no interest.

The remainder KRW 230 million shall be paid in installments by the end of November 2013, and interest shall be paid at the end of each month with KRW 2.3 million on the last day of June, 2013, and the last day of June 2013 shall be the first payment date.

All decisions, including the transfer of ownership and the refund of the already paid sales amount, shall be made in accordance with the defendant's intention when the date of payment is not observed even one of the above contents.

C. On November 1, 2013, the Plaintiff prepared a written contract with the Defendant (hereinafter “instant contract”) with respect to KRW 200 million, a notary public drafted respectively a notarial deed on a money loan agreement with a law firm as set forth in No. 01155, as to KRW 200,000,000, and a notarial deed with a notary public as to KRW 2222,000,000,000,000,000,000,000,000,000,000,000,000,000.

The plaintiff of the contract and the defendant shall enter into the same contract as the written request.

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